2011 Legislative Changes Affecting Unemployment Insurance

The following is a brief summary of the changes made to Minnesota law during the 2011 legislative session which affect unemployment insurance. Effective dates are included in the session law reference links.

Adult Children of Business Owners

Amends MS 268.085, subdivision 9. Makes adult children of business owners eligible for unemployment benefits without the limitation imposed on other family members of business owners. Retroactive to July 1, 2010.

Reference: Chapter 6, H.F. 103, Section 1

Extended Benefits

Allows a three-year look-back period under MS 268.115, subdivision 1, clause (2), rather than the two-year period otherwise provided. Provision is effective so long as federal law allows a three-year look-back period.

Reference: Chapter 6, H.F. 103, Section 2

Suitable Employment: Staffing Agencies

Amends MS 268.035, subd. 23a, lowering from 45% to 25% the percentage of past wages necessary for work with a staffing agency to be considered suitable employment.

Reference: Chapter 84, S.F. 1130, Article 1, Section 3

Assessment for Interest on Federal Loan

Amends MS 268.051, subd. 8. Allows the assessment on employer UI taxes used for pay interest on a federal loan to be set at less than 2%.

Reference: Chapter 84, S.F. 1130, Article 1, Section 5

Benefit Account Requirement

Amends MS 268.07, subd. 2, changing the qualifying requirement to establish a benefit account to a straight $2,400 in the applicant’s base period. Effective October 28, 2012.

Reference: Chapter 84, S.F. 1130, Article 1, Section 6

Personal Time Off (PTO) Deductibility

Amends MS 268.085, subd. 3, to provide that PTO pay and sick pay are treated the same way as vacation pay for purposes of eligibility.

Reference: Chapter 84, SF 1130, Article 1, Section 8